Text of the provision
Art. 1939. Commodatum is purely personal in character. Consequently:
(1) The death of either the bailor or the bailee extinguishes the contract;
(2) The bailee can neither lend nor lease the object of the contract to a third person. However, the members of the bailee's household may make use of the thing loaned, unless there is a stipulation to the contrary, or unless the nature of the thing forbids such use.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Commodatum is purely personal: the death of either party extinguishes it, and the bailee cannot lend or lease the thing to a third person (though his household may use it, absent contrary stipulation).
Related provisions
- Article 1938 — Bailor Need Not Own the Thing.
- Article 1940 — Use of Fruits.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.